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Policy & Law

New York Sheriffs Threaten Legal Action as Hochul Pushes to Ban 287(g) Agreements With ICE

The governor's proposal, included in the FY2027 budget, would end cooperation agreements that currently operate in nine New York counties.

⚡ The Bottom Line

The dispute centers on the balance between state autonomy over local law enforcement priorities and federal immigration enforcement goals. Hochul's budget proposal would effectively end all 287(g) partnerships statewide, a move her office has defended as protecting immigrant communities from unnecessary federal entanglement. If the measure passes, sheriffs have indicated they are prepared to ch...

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Nassau County Executive Bruce Blakeman and sheriffs across New York are threatening legal action against Democratic Gov. Kathy Hochul over her push to ban local cooperation agreements with federal immigration authorities, arguing the agreements lead to safer removal of criminal illegal immigrants from communities.

The backlash comes as Hochul pushes to include sweeping sanctuary policies in New York's FY2027 fiscal budget, including a ban on 287(g) agreements, limits on Immigration and Customs Enforcement access to schools, hospitals and churches, and restrictions on informal cooperation with federal immigration agents. The governor first introduced the measure in January, warning at the time that those who fail to comply "will be taken to court for enforcement."

What the Right Is Saying

Blakeman, who is also the Republican nominee for New York governor, told Fox News Digital he has been in discussions with sheriffs across the state about filing a lawsuit. "Kathy Hochul can make my day, because as far as I'm concerned, we're enforcing federal law in Nassau County, and a lot of the sheriffs throughout the state feel the same way," Blakeman said. "They're mad as hell."

Sheriff Todd Hood of Madison County, who serves as Blakeman's running mate, said he has received calls from sheriffs across New York expressing opposition to the proposal. "I have sheriffs from all over the state contacting me, and they are all very upset about this," Hood told Fox News Digital. "Almost all of them disagree. There's very few sheriffs who are on board."

Hood argued that 287(g) agreements improve public safety by enabling criminal illegal immigrants to be transferred directly to federal custody rather than released back into communities. "These people are criminals," Hood said. "They're getting arrested. They're coming into our jail, and they're headed to the center about 40 minutes later after they get in. It's very safe and very effective, and we work together in law enforcement, that's our job."

What the Left Is Saying

Democratic supporters of Hochul's proposal argue that sanctuary policies protect immigrant communities from fear and discrimination. Progressive advocacy groups have long maintained that cooperation agreements can lead to racial profiling and erode trust between law enforcement and immigrant residents, making communities less safe overall.

Critics on the left contend that local police should focus on traditional crime prevention rather than serving as de facto federal immigration agents. They argue that 287(g) arrangements shift resources away from community policing and can deter undocumented immigrants from reporting crimes or cooperating with investigations.

Proponents also point to constitutional arguments, suggesting states have the right to set their own policies regarding cooperation with federal enforcement priorities without facing financial or legal pressure from the federal government.

What the Numbers Show

According to data cited by Nassau County officials, there are currently 14 active 287(g) agreements with law enforcement agencies across nine New York counties.

Nassau County signed its agreement with ICE in February 2025. Since then, approximately 3,200 illegal immigrants arrested by local police have been transferred to ICE custody through the program, according to county officials.

A recent example cited by supporters of the program involves Elder Lopez Avalos, an undocumented immigrant arrested earlier this month for setting 10 cars on fire in Freeport. Because his charges were not bail-eligible under state law, Avalos was released after his court appearance. However, because of Nassau County's cooperation with ICE, federal agents arrived at the courthouse to detain him before he could be released into the community.

Under a standard 287(g) agreement, local law enforcement officers who arrest an illegal immigrant can notify ICE that the individual is in custody, allowing federal authorities to place a detainer and take custody directly from the local jail rather than having to locate and re-arrest individuals after their release.

The Bottom Line

The dispute centers on the balance between state autonomy over local law enforcement priorities and federal immigration enforcement goals. Hochul's budget proposal would effectively end all 287(g) partnerships statewide, a move her office has defended as protecting immigrant communities from unnecessary federal entanglement.

If the measure passes, sheriffs have indicated they are prepared to challenge the policy in court, setting up a potential legal confrontation over the limits of state authority regarding immigration cooperation. The outcome could affect how similar disputes play out in other states with sanctuary policies.

Fox News Digital reached out to Hochul's office for comment on this story but did not receive a response by publication time.

Sources